NAGINBHAI MATHURBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal under Sec. 374(2) read with section 386 of the Code of Criminal Procedure, 19731973 (the Cr.P.C.) is directed against the judgment and order passed by the learned 10th Additional District Judge, Vadodara, in Sessions Case No. 155 of 2010, whereby the appellant - accused is convicted and order of sentence is passed against him.

(2.) The case of the prosecution is that on 18.6.2010 at about 21.00 hours at village Zaverpura, there was a rain and storm and on account of which the electricity was disrupted. It is further case of the prosecution that on account of that situation, the roof of the house was blown off. It is further asserted in the complaint that the husband of the complainant, who came along with appellant accused from labour work, the appellant took the disadvantage of the situation. The husband of the complainant happens to be the father of the prosecutrix was repairing the roof of the house, whereas the complainant was preparing the meal in the house. At that point of time, the prosecutrix, aged about 6 years, was sleeping on the cot in 'Adari' of the house. The complainant, after preparing the meal at around 9:00 O'clock in the night, came to wake up the prosecutrix, who was sleeping found that she was in bleeding condition and having seen this situation, she immediately called the husband to come down. At that point of time, when both complainant and her husband, ignited the lamp and mobile battery, woke up the prosecutrix, whose clothes found with bloodstains and the complainant, after physically verifying the prosecutrix, asked the prosecutrix as to what had happened. At that point of time, the prosecutrix conveyed that Nagindada had come, who gagged her mouth and after removing her clothes, had done the act which resulted into bleeding. On knowing this fact, immediately the complainant and her husband called the uncle Pravinbhai Shankarbhai Tadvi, who, along with aunt - Samkaben and their son - Gopal along with other persons, came to the house and were conveyed about the incident which took place with her daughter, who was raped by the present appellant accused. Since there was a storm and continuous rain and the electricity was disrupted on that night, a complaint could not be lodged. However, the village people also came to know about this incident. It is further asserted in the complaint that since the appellant - accused was going for labour work along with the husband of the complainant, he was frequently coming to the house and the prosecutrix was also knowing him. On that day at about 6.00 O'clock, the appellant accused along with the husband of the complainant, after the labour work, came to the house and it was conveyed by the appellant accused that as soon as the rain and the storm stop, he would go to his house. Resultantly, the husband engaged himself in arrangement of roof of the house, whereas the complainant went to cook the meal and taking disadvantage of this situation, it is asserted in the complaint, that the appellant - accused committed the rape and ran away and for that purpose, a complaint came to be filed before the Bodeli Police Station which came to be registered as IC. R.No. 27 of 2010 on 19.6.2010, which then came to be investigated by the Investigating Officer.

(3.) 1. Mr. Ashokbhai Valabhai Katkad, an Investigating Officer, Bodeli Police Station, upon receipt of the complaint, has investigated the complaint by taking necessary steps in that regard and upon completion of investigation, a charge-sheet came to be filed against the appellant - accused for the offence punishable under Sections 376 of the Indian Penal Code, before the learned Chief Magistrate, Sankheda which was registered as Criminal Case No. 3070 of 2010.